Administrative Law 101: Administrators Must Implement the Law as Written

The New Jersey State Board of Education is currently considering regulations that would make passing PARCC ELA 10 and PARCC Algebra I high school graduation requirements for all New Jersey public school students starting with the Class of 2021. A portfolio option under supervision of the Commissioner of Education would only be available after students attempted and failed PARCC.  Below is my planned May 4, 2016 testimony to the State Board of Education on the proposed regulations, explaining why, in my opinion, the regulations promulgated by the New Jersey Department of Education for approval by the State Board of Education exceed the State Board’s authority. Although my analysis is technical, I tried to write it so that it would be accessible to the general public.  For your convenience, the text of the proposals and the relevant statutes are linked in the text so that you can follow the analysis yourself.  

 

I am here today as a parent of two current New Jersey public school students – one in the class of 2023 and the other in the class of 2027, both of whom will be directly affected if you adopt the PARCC graduation regulations proposed by the Department of Education.  Careerwise, I am a former teacher turned attorney.  My professional life as an attorney in private practice includes ten years litigating commercial issues, including significant experience in Securities Fraud and Securities & Exchange Act Section 16(b) litigation, along with insurance coverage litigation, and litigation of breach of contract and other commercial disputes.  In that capacity, I have spent a great deal of time over the past decade parsing statutes and regulations.


After carefully reviewing the proposed regulations (see p. 42 of the PDF), the statutes those regulations purport to implement (linked below), the enabling statute setting forth the New Jersey State Board of Education’s powers, and the PARCC website, it is my opinion that the proposed regulations conflict with the statutes they purport to enable, and that there is reasonable doubt as to whether the power to implement these regulations resides in the State Board of Education.  


Given this conclusion, as a taxpayer, a parent, and an attorney, I implore you to vote against the proposed PARCC graduation requirement regulations.  I do not want to see our state wasting taxpayer dollars in yet another lawsuit challenging the legality of the proposed regulations.  For the sake of brevity, I have limited my analysis to the proposal for the Class of 2021 forward, as those are the new permanent regulations that would affect both of my children.


I reviewed New Jersey Statutes Annotated 18A:7C-1 through 7C-6.1, which set out the State’s involvement in developing and approving the Statewide assessment test; specify to whom that test must be administered; set out the conditions under which a comprehensive alternative assessment program, such as portfolio reviews, may be used to meet the testing graduation requirement; and most critically set out the Statewide levels of proficiency required as minimum standards to earn a high school diploma.  Copies of the relevant statutes are attached to your copies of my remarks.  


Any regulations enacted by this Board setting out the details of the proficiency tests must not, of course, conflict with any of the statutes noted above.  


So what do the statutes the Board’s regulations seek to implement require?  N.J.S.A. 18A:7C-1 et seq. require that the Commissioner develop a graduation exit test to be approved by this Board in order to obtain a State-endorsed high school diploma. Id. at 7C-1, 7C-2, 7C-4. The Statewide assessment test must be administered to all 11th grade students. Id. at 7C-6 and 7C-6.1.  It must measure those minimum basic skills all students must possess to function politically, economically and socially in a democratic society: specifically, the test must measure the reading, writing, and computational skills students must demonstrate as minimum requirements for high school graduation.  Id. at 7C-1, 7C-6.1.  Further, if a student uses a comprehensive assessment option instead – i.e., the portfolio option – the student’s use of the portfolio option must be approved by the Commissioner of Education.  Id. at 7C-4.


The problem is that the graduation requirements enshrined in the proposal for the Class of 2021 forward do not meet the requirements set forth in the statute.


First, the Statewide assessment test must be administered to all 11th graders.  See N.J.S.A. 18A:7C-6; 7C-6.1.  Under the Class of 2021 forward regulations, however, the tests that students will be required to obtain passing scores on to earn their high school diplomas, however, are the 10th grade ELA test and the Algebra I test.  By definition, the 10th grade ELA test will not be administered to all 11th graders statewide.  


The Algebra I test is even more problematic, as many students across the state take Algebra I (and therefore the Algebra I PARCC End-of-Course test) as early as 7th or 8th grade.  It also, of course, makes no sense to tell children as young as 12 that their high school graduation depends on their performance on a test they’re taking now.  Further, making obtaining a Proficient score on the End-Of-Course test for a course often taught in 7th or 8th grade a high school graduation requirement might well have the unintended consequence of discouraging districts from offering accelerated math programs to qualified students.  


Second, I’ve scoured the PARCC consortium website in detail, and nowhere does it say that the PARCC ELA 10 and PARCC Algebra I tests were designed to measure whether students have achieved those minimum basic skills all students must possess to function politically, economically, and socially in a democratic society.  Instead, PARCC is focused on assessing college and career readiness – a laudable goal, but a much higher standard than the minimal basic skills standard the Board is authorized to employ in approving a test to determine which public school students in the state will be denied high school diplomas.  Specifically, PARCC explains on its page regarding test design that:


Key milestones included developing college-and career-ready determination policies and performance-level descriptors in ELA/literacy and math to describe: 1. What it takes for students to succeed in entry-level, college courses and relevant technical courses, and 2. The knowledge, skills, and practices students performing at a given level are able to demonstrate at any grade.


While I would tend to agree that if – and that’s a big if – PARCC really can measure a student’s college and career readiness, and that if proficient – i.e., Level 4 score — on the PARCC test actually reflects whether a student is college and career ready, achieving a “4” on high school level PARCC tests would necessarily imply that a student also has the minimum basic skills in reading, writing, and computational skills necessary to function politically, economically, and socially in a democratic society. I do not, however, agree that the converse is true.  That is, one could have the minimum basic skills in reading, writing, and computational skills necessary to function in a democratic society without also being ready to succeed in entry-level, college and technical courses:  

College and Career Ready vs Basic Skills

However, the school laws you’re tasked with enacting and enabling only allow you to deny high school diplomas to students who don’t demonstrate the minimum basic skills in reading, writing, and computational skills necessary to function politically, socially, and economically in a democratic society.  What the statutes expressly do not allow you to do is to unilaterally raise that minimum and instead require students to meet a much higher threshold – college and career readiness – in order to obtain a high school diploma.  


Further, the statute is clear: as far as math goes, you are tasked with only one thing: to measure computational basic skills – i.e., students’ ability to do arithmetic. See N.J.S.A. 18A:7C-1(a).  The Performance Level Descriptors for Level 4 performance on the PARCC Algebra I End-of-Year test, however, require students achieving Level 4 to, for example: 

  • Determine equivalent forms of quadratic expressions and functions; 
  • Graph linear, quadratic and cubic (in which linear and quadratic factors are available) functions, showing key features; and 
  • Graph the solution sets of equations, linear inequalities and systems of linear equations and linear equalities.”  

While those may well be appropriate expectations for an Algebra I End-of-Year course assessment, it strains credulity to state that a student who meets these requirements has done nothing more than demonstrate the basic computational skills necessary to function in a democratic society.  I can tell you that in my 10 years practicing law, while I’ve used my basic computational skills many times to do preliminary damages calculations, determine amounts of prejudgment and post judgment interest, and heck, even track whether my billable hours were on target to meet my firm’s expectations, I have never – not once – needed to apply my high school algebra quadratic function graphing skills to function – pun not intended – socially, politically, or economically in our democratic society.  


Finally, there is nothing in the statutes that unilaterally authorizes the Board to demand that high school students take not one, but up to 6 tests as a condition of graduation.  Yet, the Class of 2021 proposal, while only requiring students to pass ELA 10 and Algebra 1, also requires students to take ELA 9, ELA 10, ELA 11, and any appropriate math PARCC tests, which could include Algebra I, Geometry, and Algebra II, before he or she may demonstrate competency via portfolio.  


Given the serious conflicts between the school statutes pertaining to graduation enacted by our legislature and the proposed regulations promulgated by the Department, I think it is clear that your duty requires you to vote against enacting the proposed graduation requirement regulations.  As a taxpayer, public school parent, and attorney, I urge you to do so, and to instead direct the Department to develop standards that harmonize with the statutes you are tasked with enforcing.  If you and/or the Department think that the standard for obtaining a State-endorsed high school diploma should be raised to be a college and career readiness standard, then it is up to you and the Department to lobby our legislature to make that change.  


Thank you.

The Great Smarties Candies Refocusing Strategy

Q. What do Smarties candies (the American kind), Orwellian Doublespeak, Union solidarity, Hamilton, the United States Department of Agriculture, and the New Jersey Turnpike’s Joyce Kilmer Rest Area have in common?

A. They’re all at least referenced in today’s blog post.  To learn more and see how they’re connected, read on.

 

As a parent, there are days and weeks in which I’m left simply shaking my head at the absurdity that comes home from my kids’ schools. This has been one of those weeks.

This week is PARCC testing for the 5th graders in my daughter’s school.  According to my daughter, parents of approximately a quarter to a third of the students in her class, including hers, refused to allow our kids to be tested.  Back in February of 2015, before the first round of PARCC testing, our local Board of Education passed a test-refusal policy, which reads, in relevant part:

“It is the policy of the Montclair Board of Education that the parental decision to decline testing should be met at the district level with educationally appropriate and non-punitive measures.”

Our district’s PARCC parental refusal policy.

On Monday evening, after the first day of testing, my daughter reported that the kids in her class who took PARCC were given Smarties candies afterward by her teacher, but that the kids whose parents refused were not offered any candies.  And according to her, her teachers knew this was a bad idea, because on the first day they made half-hearted efforts to hide this fact.  A child stood up to throw out his Smarties wrapper, and the teacher asked him what he was doing.  He replied, “Throwing out my wrapper.”  The teacher said, “Ahem” and gave him the stink eye.  The kid then responded, “Oh, uh, uh, yeah, I was throwing out my tissue.”

Tuesday morning I got to the bus stop, where the mom of another of the 50 or so students served by this two teacher teaching team came up to me excitedly to share the same story: that the kids in these teachers’ “switch” class who took PARCC were given Smarties candy, but the kids who refused did not.

When I had a free moment at work later that morning, I sent a note to the teachers.  I wrote:

Dear Ms. B and Ms. E:

As you are aware, yesterday was the first day of PARCC testing for 5th graders at our school.  My daughter, along with other students in your classes, was not permitted to take PARCC, which is a political decision my husband and I, as her parents, made after a great deal of thought and research.

Last night and this morning, I heard reports from my daughter and from another child in your classes that yesterday both of you distributed rewards of candy (Smarties) to those children in your classes whose parents allowed them to take the PARCC, but that children whose parents did not allow them to take the PARCC were not given candy.

As a preliminary matter, I am not a fan of candy being distributed to children by their teachers.  If, however, you are going to distribute candy to children, it strikes me as problematic that you as their public school teachers would effectively punish the opt-out children for political decisions made by their parents.  I look forward to an email from you confirming that if treats are going to be distributed in the future, decisions regarding who will get treats will not be based on something out of the children’s control (i.e., the political decision to opt-out/refuse, which was made by these children’s parents).

I trust your response to this email will resolve this matter and I will not need to pursue this matter further.

Thank you.

Best regards,

Sarah Blaine

I did not copy anyone.  No administrators, no principals, no central office staff.  I figured that this was a momentary lapse on their part, and that a quick email pointing out the foolishness of their position would suffice to either put a stop to the candy distribution altogether, or to at least ensure that it was distributed to all children in their classes.

Boy was I wrong.

By dinner time on Tuesday, I’d gotten no response from the teachers, and my daughter reported that Smarties were again distributed to the testing kids only, and this time the distribution was more blatant, as if the teachers had gotten bolder after Monday evening had passed with no parental complaints about the inequitable treatment of our kids.  So I forwarded my original note to the principal, along with a cover email:

Dear Dr. A:

Please see the email below, which I sent to Ms. B and to Ms. E this morning.  I have not received any response as of yet.  Time is of the essence, as today, Smarties candies were again distributed only to those children in Ms. B and Ms. E’s classes who took the PARCC test.  Because students — especially elementary school students — whose parents refused to allow them to test have no control over that political decision made by their parents, I believe that it is unacceptable for teachers in your building to only provide candy to those children whose parents did not make that political decision.  Either no candy should be distributed or candy should be distributed to everyone, at least when the kids have no control over the situation.

I feel confident escalating this situation to you without teacher confirmation given that another child independently reported that this was happening to her parent, so I’m confident that the teachers’ selective distribution of candy is not something my child made up.

Thank you for your anticipated prompt attention to resolving this matter.

Best regards,

Sarah Blaine

By mid-morning this morning, there was still radio silence, from both the teachers and the principal.

Around lunchtime I emerged from a meeting in Trenton (ironically the main topic of this meeting was the State’s proposal to make taking PARCC and passing certain sections of PARCC a graduation requirement), and as I ate my lunch I checked my phone, where I discovered this gem:

Good afternoon Ms. Blaine,

Miss B and I have received your email.  Thank you for sharing your concerns.  Please be advised that the “Smarties” were NOT a reward for taking the PARCC.  They are one of many refocusing strategies we use throughout the school year.

Thank you very much and have  a great day.

Yours in learning,

Mrs. E & Miss B

Yes, you read that correctly.  Apparently my teachers give their students candies made of pretty much pure sugar (dextrose is the first ingredient on the label) as a “refocusing strategy.”  Let me type that again:

R E F O C U S I N G   S T R A T E G Y

R E F O C U S I N G   S T R A T E G Y

R E F O C U S I N G   S T R A T E G Y

R E F O C U S I N G   S T R A T E G Y

Funny, no matter how I squint at or format those words, they still seem to be monumentally out of focus.  My children’s teachers can’t seriously have defended distributing candy only to testing children as a “refocusing strategy.”  But every time I read those words, that’s what I see.  CANDY = A REFOCUSING STRATEGY.

Of course, aside from the pedagogically dubious practice of hopping up 5th graders on sugar to refocus them, my daughter’s teachers didn’t address my actual concern, which was why on earth only kids who took PARCC were worthy of being “refocused.”

It’s almost as if they need more practice reading non-fiction.

Or more worksheets aimed at helping them to pick out the main idea of my letter.

Perhaps they’d do better if my email had been written in multiple-choice format, in true Pearson style, with a question full of negatives and full credit awarded only for choosing ALL correct responses:

Which of the following is NOT in compliance with the Montclair Board of Education’s policy of providing educationally appropriate and non-punitive responses to parental decisions to decline to allow their children to test?  Choose ALL that apply.

(A)Allowing non-testing kids to sit in the library, where they are supervised while doing school work or reading for pleasure.

(B)Beating them over the head with number 2 pencils.

(C)Forcing them to sit and stare silently in the testing room with no books or other materials to alleviate their boredom while their peers take the tests.

(D)Giving candy to testing kids, but only big fat Bronx cheers to refusal kids.

If you chose B, C, AND D, I’ve got some Smarties for you.

Otherwise, ppppppppppptttttttbbbbbbbbtttttpppppfffffff.  How’s that for an onomatopoeic representation of a Bronx cheer?  And if you’re a teacher who did not choose B, C, and D, perhaps it’s time to consider a career change?

But wait… there’s more.

As I drove home from Trenton, I found myself fuming about that email.

REFOCUSING STRATEGY?!?!?  I couldn’t look at the email again because I was driving, but the words would not leave my head.

And no matter how I turned them over in my mind, all I kept finding was that one of my favorite verses from Hamilton — especially the first line — kept playing over and over in my head:

You must be out of your Goddamn mind if you think

The President is gonna bring the nation to the brink

Of meddling in the middle of a military mess

A game of chess, where France is Queen and Kingless

[The rest of that Hamilton verse is so exquisite that I won’t spoil it for those who haven’t either seen the show or, like me, spent months listening obsessively to the soundtrack.]

These teachers must be out of their goddamned minds if they think

This parent will buy for a second with a wink

That the Smarties candies distribution

As a “refocusing strategy” is a  reasonable solution

Ok, my rap skills suck (we share the same alma mater, but Lin-Manuel Miranda I am not), but the teachers’ justification for their behavior sucks even worse.

Indeed, as the winter holiday party was in the works last December, Ms. E wrote the following email to the parents in the class regarding the holiday party:

“Thank you all!  It will be a sugary day.  We sugar them up–then send them home to you!! XOXO”

My Common Core non-fiction text inference skills tell me that Ms. E does not believe that providing kids with a sugary candy is an effective refocusing strategy.  I can, however, infer that she thinks sugary candies are appropriate for celebrations — or, perhaps, for rewards.

Continuing up the Turnpike, I found my annoyance growing rather than abating, so rather than continue fuming, I pulled off the New Jersey Turnpike at the Joyce Kilmer Rest Area, where I wrote to the superintendent, who has explicitly stated at Board of Education meetings that he wants to be made personally aware of any punitive action taken by school district employees against opt-out kids. As a courtesy, I copied the principal, but I decided to leave the teachers off this email, although I forwarded their email responding to my initial email to the superintendent.  Please excuse any less than artful phrasing, given that I composed this on my phone at a rest stop.

Dear Mr. B:

Please see the below email exchange between my 5th grader’s teachers and me in which they attempt to defend their practice of feeding Smarties candies (pure sugar) ONLY to students who took PARCC and not to students whose parents refused to allow them to take PARCC, using the pretense that feeding pure sugar to students is a “refocusing strategy” necessary only for those kids who took the test and not for those kids who sat for hours quietly completing work (ironically, ReadWorks-style test-prep) during testing time.

I look forward to you immediately addressing this issue and making it clear to your entire staff that preferential treatment of those students whose parents allowed them to take PARCC is not something this district condones or allows, as per the BOE’s February 2015 resolution to that effect.

I forwarded my original email (below) to Dr. A last night but have not yet received a response.

I am currently in the car home from a meeting with NJ State Board of Education president Mark Biedron regarding the proposed regulations that would implement PARCC as a graduation requirement. I cannot believe that in 2016 in Montclair we are seriously seeing teachers punishing kids (that is, denying elementary school children candy) for their parents’ anti-PARCC stances, especially given the “non-punitive responses” language in the BOE’s February 2015 PARCC parental refusal resolution.

I know that you have expressed your commitment to ensuring that children like my daughter are not punished by their teachers for their parents’ refusal decisions. I look forward to your prompt handling of this matter. I can be reached at XXX-XXX-XXXX and am available to discuss this issue at your convenience this afternoon in hopes that it will be resolved before my child arrives at school tomorrow morning.

Best regards,

Sarah Blaine

That email generated a quick response (it arrived by the time I got home about an hour later), not from the superintendent, but from the principal.  Remarkably, she claims to have bought the teachers’ explanation, hook, line, and sinker.  (Apparently she wasn’t aware of my superb rap regarding that point.)

Now I presume, of course, that she’s trying not to throw her teachers under the bus (although I will eventually get around to writing up my prior encounter with her, in which she absolutely threw one of these teachers under a bus — and asked me to allow my daughter to read that email), but what educator really could feel comfortable defending teachers’ decisions to distribute candy comprised of pure sugar to their students as a pedagogically sound “refocusing strategy”?

I feel like I’ve wandered into some bizarre alternate universe.

So I couldn’t help it, I wrote back and this time I got a little snarky:

Dear Dr. A:

Thank you for your prompt response to this, my second email to you regarding this issue (my first was sent last night at approximately 6:30 p.m., before today’s testing session).

I would welcome the opportunity to discuss this with you further.  My cell phone number is XXX-XXX-XXXX.

As a preliminary matter, since I have a master’s of arts in teaching and yet have never seen any research supporting feeding children candies comprised of pure sugar as a “refocusing strategy,” I would appreciate it if you could point me to some research supporting the use of sugary candy as a “refocusing strategy.”

I would also appreciate some documentation of the teachers in this class using this “refocusing strategy” prior to PARCC testing week, as this is the first I have heard of them employing this particular “refocusing strategy.”  I understand that Ms. B occasionally distributes Tootsie Rolls to students who win competitive educational math games in her class, but not that the class as a whole is given Smarties or other candies as a “refocusing strategy.”  Can you please document how often my daughter’s teachers are feeding her class candy without my knowledge or consent?

Finally, I appreciate your willingness to ensure that to the extent that the teachers are feeding the children candy, candy is available to all students in the class, especially given our Board of Education’s policy that test refusers will be met with educationally appropriate and non-punitive responses.

Best regards,

Sarah Blaine

In the least surprising development in this saga so far, Dr. A has not yet responded, much less furnished me with any studies supporting the use of sugary candies as a “refocusing strategy.”

And again, surprising no one, as I’ve informally surveyed teachers and professors of education, all of them have laughed and/or cursed at the idea that sugary candies could possibly constitute an effective refocusing strategy.

In an aside, one fellow activist said that she was pretty certain that there is a law in our state that expressly prohibits the distribution of food items in which any iteration of sugar is the first ingredient at school during school hours.  She turns out to be correct — at least for schools, like ours, in which more than 5% of the student population qualifies for the federal free or reduced lunch programs.

N.J.S.A. 18A:33-16 reads, in relevant part:

As of September 2007, the following items shall not be served, sold or given away as a free promotion anywhere on school property at any time before the end of the school day, including items served in the reimbursable After School Snack Program:

(1)Foods of minimal nutritional value, as defined by the United States Department of Agriculture;

(2)All food and beverage items listing sugar, in any form, as the first ingredient; and

(3)All forms of candy as defined by the New Jersey Department of Agriculture.

There are some exemptions, but none of them are likely to apply here, unless the distribution of candy is a school celebration, such as a class holiday or birthday party, or a curricular activity, such as a lesson on foods from other cultures.  The other exceptions are individual in nature (sugar for diabetics, rewards specified in a students’ IEP, etc.), and again, are not applicable here.  Further, guidance from the State specifically notes that the although the use of food as an incentive or reward is not prohibited, any such foods must meet the guidelines set forth in N.J.S.A. 18A:33-16, so Smarties candies are not acceptable.  That guidance further notes: “[r]esearch has shown that using food items as rewards can negatively affect students’ healthy attitudes toward eating.”  [And amazingly, the guidance even cites a publication that they say contains evidence in support of this proposition.] Somehow, I find myself more skeptical than ever that the principal will be able to point me to a study supporting the use of candy as a “refocusing strategy.” If she can find one, I have a funny feeling it will have come out of the Relay Graduate School of Education. Boom!

The first ingredient in Smarties, of course, is dextrose (sugar).

Smarties Nutrition and Ingredients Label. First Ingredient = Dextrose.

So not only is my daughter’s teachers’ distribution of Smarties candies to PARCC-taking kids not only poor and unsupported pedagogical practice, since 2007 it has also been against the law.

Awesome.

Really.  In the literal sense of the word.  The unbelievable cluelessness of her teachers truly does inspire awe in me, as does the principal’s decision to double-down on their preposterous pretext of an explanation.

Candy as a Refocusing Strategy.

It is truly awe-inspiring.  Or at least, perhaps, a bit Orwellian. Or is it that the euphemism “refocusing strategy” is an Orwellian way of describing the teacher’s actions?

But back to the topic at hand: I find myself wondering if the choice of “Smarties” candies was a deliberate choice to inspire students to greater “smartness” on the PARCC test.

The kid loves Hamilton and Smarties. We also refused to allow her to take PARCC.

This afternoon, as you can see from the photo, I bought my daughter a big bag of Smarties, because:

(A) she is fortunate to be able to eat candy with relative impunity at this age;

(B) it is within my prerogative as her parent to allow her to eat candy;

(C) I really appreciate her good natured willingness to allow me to share this story with all of you;

(D) I like Smarties too (although my waistline doesn’t need them).

If you guessed (E) All of the Above, you win… SMARTIES.  (Ok, not really, as I think they all got eaten by neighborhood kids — and a few parents.)

Here she is, with a friend, all sugared up on Smarties.  As you can see, focused (much less “refocused”) is not an appropriate description of their mental state:

https://parentingthecore.files.wordpress.com/2016/04/smarties_video.mp4

This story, of course, while entertaining (although not nearly as entertaining as another story involving her ELA teacher, which I will share in another post, because I’m running out of steam tonight, and this blog post is already way too long), has more serious ramifications.

What does it mean when a public school teacher, as a state actor, takes it upon herself to punish students whose parents have made a political decision to protest the negative effects of high-stakes testing by declining to allow the child to test?

When the issue first came up Monday night, my daughter was initially hesitant regarding whether I should call the teachers out on this.  But I posed this hypothetical to her:

What if your teachers had only given Smarties to Christian kids?  Would anyone think it was okay to exclude Jewish, Muslim, Hindu, or agnostic/atheist children in your class from receiving Smarties?

Of course, she agreed that everyone would say such a decision was horrible and unacceptable, and that teachers in public schools cannot do this.

But, I pointed out to her, it isn’t the kids’ decision what religion (if any) they’re being raised in, is it?

She agreed that this was not something kids can control at their ages.

Yet, I said, surely all of the non-Christian kids’ parents could convert their children to Christianity and therefore assure their children’s access to Smarties, right?

She agreed that this could, hypothetically, happen.

Here, of course, I pointed out to her that the PARCC refusal decision was also a parental decision, and that if her father and I hadn’t made this decision, she would not be allowed at her age to unilaterally refuse PARCC.  So just as in the hypothetical it would be unfair to punish the non-Christian kids for their parents’ beliefs, here it would be — and is — unfair to punish the test-refusing kids for their parents’ beliefs (which is entirely the rationale for the district’s opt-out policy in the first place, and is why even the most pro-testing and pro-education reform members of our local Board of Education voted in favor of it).

One of my ongoing frustrations as a parent who actively opposes the use of annual, high-stakes testing in our public schools is the accusation that we opt-out parents are mere tools of teachers and their unions. See, for example, here, here, here, here, and most recently and obnoxiously, here.  I think this story demonstrates that this is not the case, as we are certainly not tools of these particular teachers, and my greatest frustration with teachers’ unions is their unwillingness to help prune teachers who are embarrassments to their profession as a result of their consistently shoddy pedagogy, poor judgment, and casual cruelty toward students.

As is clear from this story (as well as the story of my last run-in with my daughter’s teachers over the opt-out movement, which was the time when the principal threw the teachers under the bus), there are still teachers out there, like my daughter’s, who, for whatever reason, support PARCC and other forms of high-stakes standardized testing, so we opt-out parents are certainly not the tools of all teachers.

More to the point, though, as their leaders made manifestly clear at the 2015 Network for Public Education conferences, the national teachers unions’ leaders are most certainly only supportive of the reduction or elimination of high-stakes testing in public schools to the extent that they believe such support furthers their own ends.

In 2015, as the reauthorization of the Elementary and Secondary Education Act (“ESEA,” then also known as “No Child Left Behind” or “NCLB,” and now in its reauthorized form known as the “Every Student Succeeds Act” or “ESSA”) was on the table, Randi Weingarten of the AFT in particular (although as a practical matter NEA has been no better on this point) explained her refusal to support the Tester Amendment to ESEA, which would have eliminated No Child Left Behind’s annual testing requirement in favor of only a grade-span testing requirement: i.e., under the Tester amendment state testing in ELA and math would have been required only once in elementary school, once in middle school, and once in high school.  Randi explained that this was a sacrifice she could make to ensure that the union had a seat at the table for issues that mattered more to it.  In other words, Randi was ready and willing to sell out children and their parents on the over testing issue to maintain her own access to power.

Here is some of what I was tweeting back then as I listened to her speak:

My reaction to Randi Weingarten’s explanation of why AFT refused to support the Tester Amendment.

 

Even in the moment, I was calling out the union-parent divide regarding annual standardized testing.

 

This year at NPE, the AFT’s vice president used a similar line of argument to justify their union’s shockingly early endorsement of Hillary Clinton.  Personally, I’m not sure what good a seat at the table does either of the teachers’ union when their input is ignored every step of the way, just as I’m not sure why they’d support the continuation of annual testing, which is the key ingredient in state plans to evaluate teachers based on their students’ year-over-year change in standardized test scores (a policy that hurts students and teachers).

This year’s issue was the uber-early endorsement of Hillary.

The vast majority of teachers work desperately, often under frightful pressure to the contrary, to provide pedagogically sound, developmentally appropriate, humane education to their students, and as a former teacher myself, I appreciate their work immensely.  But as a parent, I have no particular love for the union’s long history of refusing to self-police, as a semi-professional association, their own members.  We lawyers are far from perfect at this, but like doctors, we do try, and lawyers are disbarred, suspended, and/or admonished every year.  Teachers’ failures to self-police their ranks are, in my opinion, a major contributor to the false but widespread myth that our nation’s public schools, as a whole, are failing.  People remember their outlier bad teachers, and judge the system by them.

I often wonder whether many of the absurd policy prescriptions advocated by so-called education reformers could be avoided or eliminated by sending reformers to psychologists for counseling to resolve residual trauma leftover from one or more bad relationships they had with their teachers during their own childhoods.  Instead, however, reformers seek to do what I, too, would like to see done: to advocate a policy that would result in getting rid of teachers who are embarrassment to the profession.  It is not that their goal is wrongheaded: it is merely that their methods are nonsensical and at best only tangentially related to their goals.

Reformers seek to identify and fire teachers based on student performance on standardized tests.  Their theory goes that if a child can’t demonstrate gains on these tests, regardless of how poorly designed, invalid, unreliable, culturally biased, and flawed they may be, then that is proof positive that the child’s teacher hasn’t done his or her job.  That, of course, is silly, as a million other factors may have affected that child’s results.  Indeed, to some degree as a parent I’m more concerned by a teacher with an excellent record of standardized test results, as there is a good chance that indicates a teacher who is crassly willing to sell out his or her principles to do the worst forms of test-prep.  It’s the cheerleaders for testing and those whose ability to tolerate cognitive dissonance is so well-developed that they honestly believe that the crappy nightly reading passages with related multiple-choice questions aren’t test prep that I, as a parent, fear.  The teachers who are testing cheerleaders are, in my experience, the most likely to also be guilty of shoddy pedagogy, poor judgment, and/or casual or thoughtless cruelty to students.

For me, the metric isn’t student performance on standardized tests.  For me, the metrics that merit firing a teacher are — after having met with the teacher over time to identify the issues and offer suggestions and opportunities for improvement — continuing shoddy pedagogical practices, consistently poor judgment, and a serious track-record of casual cruelty to students.  None of those can be measured effectively by a teacher’s student’s standardized test results, but all of those can be documented and substantiated over time by an administrator willing to do the work.  This doesn’t mean that I don’t think all teachers should be entitled to due process given the enormous pressure and competing points of view forced on them by parents, students, and administrators — of course I do — but administrators need to stand up and do their jobs so that teachers’ due process rights do not somehow prohibit the eventual firing of subpar teachers who refuse to show improvement.

And in point of fact, there are relatively few teachers whose practice is so continually bad that they should be fired.  Indeed, I think my daughter’s teachers should be counseled and supported (and provided with some professional development that includes basic civics instruction on what public school teachers cannot do), but frustrated as I am with their judgment regarding the candy, I don’t think this alone is anywhere near a firing offense.

So as a parent, at best I’m in constant tension with teachers unions’ even lukewarm support of the opt-out movement, as teachers’ union support of opting-out naturally puts teachers’ — and not students’ — best interests at heart.  Specifically, here in New Jersey, while I’m appreciative of the support that the NJEA gave to the opt-out movement in 2015 and to a lesser degree through its New Jersey Kids and Families initiative in 2016, I am nevertheless under no illusion that as soon as the NJEA sees the opt-out movement and its proponents as enemies rather than allies, the NJEA will sell us out as quickly as you can say Chapter 78 contributions.

I think the unions’ — especially the national unions’ — willingness to sell out students and parents is simply a fact of life, but as a parent advocate it’s why I feel that the parent movement against high-stakes testing is in an uneasy truce, at best, with teachers’ unions.  Yes, I have a New Jersey Kids and Family bought “Our Family Refuses PARCC” sign on my lawn and it makes me happy to see lots of those signs around my town, but although yay — it was free to me — the provenance of that particular sign makes me uncomfortable.  I’d just as leave have bought my own sign, as I did back in 2015.

I would love it if the leadership of our local union would issue guidance to teachers around refusing students, so that kids like mine are never again placed in the uncomfortable position of feeling like they need to tattle on their teachers to their parents.  But as a parent, I understand that the union’s job is to look out for its membership, and my job is to look out for my children.  Supportive as I might be of teachers and, generally speaking, of their unions, when push comes to shove, I, like any parent, will choose my kids every time.  Those simple facts: that for parents, our children, all children, and public education in general are our priorities, not knee-jerk support of teachers union, drives home the fact that the opt-out movement is a parent-led movement, and neither a union-led movement nor the opportunistic manipulation of parents by teachers’ unions.  Indeed, one of my concerns about the more extreme reaches of the parent-led opt-out movement is that even after reason returns to the use of testing, educators are not going to be able to put the opt-out movement genie back in the bottle.  I hope that someday when we win this fight, I, as a parent-leader, will be able to be effective at helping to convince parents to “opt-in.”

 

P.S.  A silver lining to this debacle with my kid’s teachers is that in the course of our discussion of the use of candy as a so-called “refocusing strategy,” my kid learned what the term Orwellian means.  We discussed the premises of Orwell’s Animal Farm as well as 1984, while sitting out on our neighbor’s stoop.  This then led to an enlightening discussion with a Cuban immigrant who was part of the conversation.  She told us, partially with the help of our other neighbor as interpreter, about the restrictions on free speech and lack of food, money, and resources she experienced under Castro in Cuba.

P.P.S. I’m sure that some teachers are going to be upset with me for “teacher bashing.” To them, I say two things: (1) we can’t even begin to learn to talk to each other if that talking means we can’t identify and call out problems when we see them and (2) if these teachers don’t want to be held accountable for their poor judgment, perhaps they shouldn’t display such poor judgment.

It’s 2016, and PARCC Still Sucks

Here we are again.  It’s the spring of 2016, and the PARCC tests are once again looming for our children.  If you will recall, last year, New Jersey Commissioner of Education Dave Hespe’s initial response to the opt-out movement was dismissive: at last year’s NJEA convention, his take on the opt-out movement was: 

“We’re not seeing an opt-out movement across the state of New Jersey. The best I can tell, it’s one-tenth of one percent of tests returned to us that were not filled in.” 

To be honest, last year I thought the New Jersey opt-out movement would be doing great if 1% of New Jersey kids refused, as this would have been a ten-fold increase from prior years.  But of course, I was happily wrong, and instead approximately 13.5% of New Jersey students in testing grades refused the test, a more than one hundred-fold increase.   

This year, there is no question that Dave Hespe and the New Jersey Department of Education are taking us seriously.  They’re forcing schools that had more than 5% of students refuse PARCC to submit Corrective Action Plans; they’re apparently accepting the Chamber of Commerce’s/We Raise New Jersey’s offensive pro-PARCC presentation as a way of implementing a Corrective Action Plan; and they’re doing a public relations offensive, including today’s Star Ledger article, which points out five ways in which this year’s PARCC is allegedly slightly less onerous than last year’s version (spoiler: none of the ways include throwing out the high-stakes uses of the PARCC test).

But the impact of high-stakes standardized tests like PARCC on our public schools has not changed, and as someone commented on the Star Ledger article, all the superficial changes NJDOE and the PARCC consortium have made so far have had no more effect than painting some some lipstick on the PARCC pig.  So yes, Dave Hespe and his minions at NJDOE are taking us seriously, but their solution is to bully parents, students, and community leaders into submission, not to respond to our concerns.

So I still refuse.  And I encourage you to do so as well.

I still refuse because my 5th grader’s math homework is largely multiple choice questions rather than open-ended problems that allow her to show her work and her teacher to address her problems with reasoning or application of algorithms.

I still refuse because night after night, my 5th grader’s English Language Arts homework is still to read and answer multiple-choice questions about poorly-written, often out-of-context non-fiction passages from free test prep sites like ReadWorks.org.  

I still refuse because my 5th grader is spending tons of in-school “Response to Intervention” time answering MobyMax test-prep questions instead of taking an extra arts or music or social studies elective.  

I still refuse because my 1st grader is literally biting her arm with boredom in class due to developmentally inappropriate curriculum paired with the unimaginative teaching it encourages.

I still refuse because aggregate test-results continue to be used to castigate and punish the few economically and racially integrated schools in our state (like those in my town) for the results of the opportunity gaps highlighted by the disparate scores of in-school subgroups on standardized tests.

I still refuse because across our state, test-prep is causing kids to lose out, in far more egregious ways than what my kids lose, on the arts, the music, the social studies, the hands-on science, and the community building that make public school a refuge for so many kids with few other options.

I still refuse because our leaders refuse to listen to parents, teachers, and community activists who are demonstrating that we can and should be doing better by our kids.  

I still refuse because despite their Study Commissions and State Board of Education hearings, our leaders in Washington and Trenton refuse to listen to the concerns of real parents, real teachers, real local Board of Education members, and real students, even though they pay lip-service to the notion of democratic control of (at least suburban) public schools.

I still refuse because too many of our state education bureaucrats and our local superintendents, principals, and board of education members are ignoring the fact that New Jersey passed a law on November 9, 2015 that specifically and explicitly prohibited Dave Hespe and his minions from withholding funds from our districts based on low PARCC participation rates.

I still refuse because my kids deserve better for their education — and so do yours.  I still refuse, and I hope you will too. 

Civics Lessons

The Study Commission Recommended That Our Kids Be Stuck Testing Into Eternity: Now What?

Yesterday, New Jersey Governor Chris Christie’s Study Commission on the Use of Student Assessments in New Jersey issued its long-awaited final report.  To the surprise of no one, the Governor’s minions Commission concluded that the PARCC test is wonderful, and that not only should New Jersey keep using it, we should require all high school students to take it to qualify to graduate starting with the Class of 2020, and require them to earn passing scores on the 10th grade English and Algebra I tests starting with the Class of 2021.  My older daughter is in the Class of 2023 (and my younger daughter is in the Class of 2027), so this has a direct impact on my family and me.  For the record, this year 36% of NJ students who took the 10th grade English Language Arts test receiving scores demonstrating that they met or exceeded expectations, and again, 36% of Algebra I test takers received scores reflecting that they’d met or exceeded expectations.

Here are the initial thoughts I shared on Facebook about the result:

Over a hundred people came out to the 3 public comment sessions. All but maybe ONE of them spoke against PARCC testing in NJ. Parents and educators everywhere — from teachers to my daughter’s recently retired building principal to our town’s superintendent — are opposed to this sham of a test. But the pre-determined outcome is in fact the actual outcome. Public comment had no impact whatsoever. 

The game is rigged, and it’s our children who are losing. But this outcome can be laid solidly at Chris Christie’s door, and the national media should hold him accountable for it. After all: he appointed the “independent” study commission; he appointed New Jersey Education Commissioner David Hespe; and he appoints all of the members of the New Jersey State Board of Education. So the buck stops with Christie. 

But on a structural level, the fact that ALL public education policy makers are ultimately accountable to one person demonstrates how broken and easily manipulated our state education policy truly is. 

We the Parents, We the Taxpayers, and We the People need to step in. It is time to demand change — an amendment to the NJ state constitution, if necessary, to get elected representation on the State Board of Education.  Rule making bodies like NJSBOE and NJDOE have tremendous power to interpret state education statutes however they see fit. They must be accountable to the people and not just to a governor dreaming of the White House. 

In NJ, our local school boards have abdicated policy making responsibility saying that they’re hamstrung by state mandates. And those state mandates come from entities that are all accountable only to our governor. Structural change is necessary if we want to preserve public education for our children and the future.

And here are my expanded thoughts (very expanded, I’m sorry, I’m a lawyer, I’m nerdy, and since I was reading through the enabling legislation myself for my own edification, I figured that at least a few of you policy nerds might want to follow along at home as well.  For the rest of you, don’t say I didn’t warn you…) about where we go from here.  I think I will do a separate post looking at the actual report itself to see if it measures up to the Common Core standards PARCC claims to measure.  Look for that tonight or tomorrow.  In the meantime, here goes…

A Brief Digression on the Death of Local Control

Wednesday night I plan to attend my local district’s Board of Education meeting.  For me, at least, the hot topic will be school tours, which are a big deal for parents of incoming kindergarteners and incoming middle schoolers in our all-magnet suburban school system.

Last weekend, a local micro-news blog created a brouhaha when it reported a scuffle between the district PTA council president and the superintendent over whether the district had decided to replace school tours with online videos. For a whole lot of reasons, I think school tours are important, so Wednesday night I plan to attend our local Board of Education’s next meeting to express my opinion during public comment.

Why does this matter? What is unusual about this vignette is how rare it is for our local Board of Education to actually have the authority to set policy about a school-related issue, so for once my comment might actually make a difference.  The only reason our local board has sole authority over this issue is that this is such a unique local issue that Trenton has not bothered to dictate tour procedures to our town.  But on virtually every other topic these days, most New Jersey education policy decisions emanate from Trenton, where the New Jersey Department of Education and the New Jersey State Board of Education issue implementing regulations for state education statutes, and issue policy guidance and bulletins to New Jersey school districts.

New Jersey’s Code of Ethics for School Board Members Demonstrates State Usurpation of Local Control 

New Jersey’s Code of Ethics for School Board Members, N.J.S.A. 18A:12-24.1(a), requires local school board members to make this pledge even before they pledge to look out for the educational welfare of children:

“I will uphold and enforce all laws, rules and regulations of the State Board of Education, and court orders pertaining to schools.  Desired changes shall be brought about only through legal and ethical procedures.”

Although the local tide has turned and our local BOE seems slightly more independent now, for the past few years, our local school board interpreted this pledge as requiring it to slavishly follow Trenton’s mandates, regardless of whether the local board of education thought that such mandates might be harming our children.  Whether deliberately or not, they seemed to ignore the second sentence of that pledge, and nobody but nobody was willing to utter a peep against Trenton. Especially given that the Christie administration decided to ignore the legislatively enacted state aid funding formula (“SFRA”), I think they were all terrified to open their mouths and bring the wrath of Trenton down upon them in dollars of aid magically not allotted to our district.

So for the first couple of years in which I attended local Board of Education meetings, when the public spoke out – and speak out it did – about the harm that many of these state mandates were doing to children, our local BOE copped out by saying that these were decisions made in Trenton, and its hands were tied.  I urged it to take action to influence and change state policy, but was largely ignored, presumably as a naive gadfly, which I undoubtedly am.

From my talks with friends, colleagues, and fellow activists throughout the state, my understanding is that Montclair’s school board was far from alone in taking this position. This 2001 Code of Ethics for School Board Members seems to have served to hamstring many local school boards, depriving them of local control on any and all topics on which the State Board of Education and/or the New Jersey Department of Education have decided to opine.  The ethics rule, which sounds reasonable on the surface, has functioned to make our school boards little more than powerless rubber stamps for whatever state policies the NJDOE and the NJ State Board of Education decide to impose on New Jersey’s public school children.

NJ’s State-Level Policy Makers

So the real questions are – who are the members of the State Board of Education, and how does our Commissioner of Education get appointed?  Those are the true power brokers of education policy in the state, so let’s figure out how they get into office.  Here’s the answer:

The members of the NJ State Board of Education are appointed by the governor – currently, Governor Chris Christie, of course.  This is mandated by the New Jersey State Constitution of 1947 at Article 5, Section 4, Paragraph 4, which reads:

“Whenever a board, commission or other body shall be the head of a principal department, the members thereof shall be nominated and appointed by the Governor with the advice and consent of the Senate, and may be removed in the manner provided by law.  [irrelevant for our purposes section about the Lieutenant Governor’s appointment process]  Such a board, commission or other body may appoint a principal executive officer when authorized by law, but the appointment shall be subject to the approval of the Governor.  Any principal executive officer so appointed shall be removable by the Governor, upon notice and an opportunity to be heard.”

N.J.S.A. 18A:4-4 implements this constitutional requirement in the statute setting out how the New Jersey State Board of Education is chosen.  It reads, in relevant part:

“The members of the state board shall be appointed by the governor, by and with the advice and consent of the senate, for terms of six years commencing on July 1.”

What this tells us is that by now, given that we are in the seventh year of Governor Christie’s tenure, all of the New Jersey State Board of Education members were appointed, re-appointed or allowed to continue in office by Gov. Christie, and are beholden to him – and only to him – for their positions.

N.J.S.A. 18A:4-1 confirms that Art. 5, Sec. 4, Para. 4 of the Constitution applies to the state department of education, and that therefore the provisions about the appointment of a principal executive officer apply.  It reads:

“The state department of education is hereby continued as a principal department in the executive branch of the state government, and it shall consist of a state board of education, which shall be head of the department, a commissioner of education, and such divisions, bureaus, branches, committees, officers and employees as are specifically referred to in this title and as may be constituted or employed by virtue of the authority conferred by this title and by any other law.”

So again – who is responsible for appointing not just the members of the State Board of Education, but also the Commissioner of the Board of Education?  Chris Christie’s State Board of Education, subject to the governor’s approval, of course.  In fact, Dave Hespe can be removed by Chris Christie whenever Christie feels like it, so long as he gives his buddy Dave notice of his removal and an opportunity to plead his case first.

The long and the short of it is – New Jersey’s governor has a LOT of power over state education policy, especially since the 2001 local school board code of ethics hamstrung any local Board of Ed members who wanted to push back hard against asinine state mandates.  I have no idea of the backstory that led to the 2001 ethics law, but I do find it curious that the timing coincides with the federal government centralizing some control over education policy through the 2001 No Child Left Behind law.

Now, the legislature can, of course, override the State Board of Education by passing legislation abrogating Department guidance and/or Board-issued regulations.  However, to do so, it must pass such legislation through both houses of the legislature and, of course, get those bills signed by… you guessed it… the Governor.  And, of course, the implementing regulations for any such legislation passed by the legislature will be created and approved by… you guessed it… the State Board of Education.  So any way you parse it, the NJ governor has enormous control over what happens in our public schools, and among other negatives to this lack of checks and balances is the fact that governors with different policy prescriptions can wildly swing education policy from one election to the next.

The Study Commission 

Yesterday, as I mentioned at the top, the Governor’s “independent” Study Commission released its report on state testing in New Jersey, which concluded, unsurprisingly, despite around 200 in person or emailed public comments in opposition and virtually none in support, that the PARCC is super awesome.  But, of course, it’s absurd on its face to think that a Study Commission appointed by the same governor who is responsible for appointing the State Board of Education and the State Commissioner of Education would reach a different conclusion than whatever the governor’s office (or his presidential campaign) wanted it to reach.  All three of these entities are answerable only to Chris Christie, and as newspapers have reported throughout Governor Christie’s tenure, he is not hesitant to bully those who disagree with him into submission.  And when those who disagree with him are people he thinks should be loyal to him, the gloves truly come off.

So the Study Commission’s conclusion:

“However, one point must be abundantly clear: the Study Commission firmly believes all students in New Jersey’s public schools who are eligible should be required to take the State standardized assessment (i.e., PARCC).  Doing so will ensure all students are progressing well in their educational endeavors and all public schools are effective for all students.  High-quality assessments such as PARCC will hold schools accountable for serving all of their students, including those from disadvantaged backgrounds.  The Study Commission believes it will be impossible to effectively close achievement gaps between and among students without accurate and actionable information”

was pre-ordained.  Ironically, the Study Commission’s entire report would earn a big fat F under the Common Core Standards if it were graded according to PARCC scoring rubrics.  The reason for this, of course, is that paragraphs like the one I just quoted cite to absolutely no evidence to support their conclusions.

Where Do We Go From Here?

One of my takeaways from this sham of a process (and don’t even get me started on the Common Core Review Commission, which also issued recommendations yesterday, and which was, perhaps, even worse in terms of process, if that’s even possible) is that there is way too much power over education policy consolidated in the hands of one person in this state: our Governor.

There is no question that Governor Christie’s minions appointees on the State Board of Education and at NJDOE will gleefully embrace the Study Commission recommendations, and that so long as this governor or a successor who shares his education policy prescriptions remains in office, the people will have little to no ability to shape more student-friendly education policy.

It seems to me that from an education policymaking process standpoint, there are two takeaways to move New Jersey education policy in a productive direction:

(1) We need to amend the New Jersey State Constitution so that at least some of the members of the State Board of Education are elected officials, accountable directly to voters rather than to the Governor.  The governor’s control over the rule making process is way too all-encompassing, and at least some elected State Board of Education members would provide needed checks and balances for educational policy making in New Jersey.  Especially now, when the federal Every Student Succeeds Act (“ESEA reauthorization”; i.e., No Child Left Behind’s replacement) has moved a great deal of education policy making authority from the federal government back to the states, we need to ensure that state level education policy cannot be so easily held captive by special interest groups who’ve courted the governor, but no one else.

(2) We need to introduce and pass legislation that makes it explicitly ethical for local Board of Education members to push back against state mandates that harm students.  It seems to me Paragraph (b) of the Code Ethics should be strengthened and replace Paragraph (a) as the first duty of local school board members. Paragraph (b) currently reads:

“I will make decisions in terms of the educational welfare of children and will seek to develop and maintain public schools that meet the individual needs of all children regardless of their ability, race, creed, sex, or social standing.”

Our kids deserve local leaders with the authority to actually put the children’s best interests first.  As the Study Commision report hammers home, this administration can never be trusted to do that.

Who’s with me?

Updated to Add (1/13/2016): Apparently New Jersey Education Commissioner David Hespe agrees with me.  Here he is, quoted in yesterday’s Star Ledger:

image

New Jersey, let’s take our cue from New Jersey Education Commissioner and make a really good change to the New Jersey State Constitution.  It is time for We the People to reclaim our power over our children’s futures, instead of leaving that power consolidated in the hands of the New Jersey governor, currently Chris Christie; the unelected New Jersey State Board of Education, each of whom owes his current tenure in the job to Chris Christie; and Christie appointee, New Jersey Education Commission David Hespe.

Color Me Apathetic

For those who haven’t heard, New Jersey finally announced its average PARCC scores today.   

This is my obligatory post-PARCC score announcement blog post.

Because I should write one.

I guess.

The PARCC scores are just as anti-climatic as I expected.

Boring.

Lame.

It is hard to muster outrage.

I’m tired today.

And annoyed.

I just don’t have it in me to react strongly.

And, frankly, these test scores don’t deserve much of a reaction.

Aggregate New Jersey test scores don’t tell us much at all.  

Frankly, the broken-out scores won’t tell us much either.  As Chris Tienken noted, we already know the results. They’re predicted by socio-economics and zip code.

Nevertheless, I’m sure the spin-game will begin.  Has begun. *SIGH*

I will laugh about one thing. Our high school students didn’t do nearly as badly in math as the high school students in Illinois. After all, 2%-3% of NJ students taking high school math courses (Algebra I, Algebra II, or Geometry) exceeded expectations, but 0% of Illinois high school math students exceeded expectations.  So IN YOUR FACE, Cubs fans. Go Mets!  

Ok, I don’t really care (about either the Mets/Cubs game or the Illinois/New Jersey high school math comparisons).  Sorry, Hubby. For your sake, I hope the Mets win.  For my Chicago cousins, I hope the Cubs win.

My energy is low tonight.

I looked at the sample tests.  I read about the sample tests.  I saw how these tests set out to trick students by intentionally making all of the distractor answers plausible or even correct, but varying in supposed degrees of correctness.  

The only way to ace these tests will be to prep, prep, prep for them all year long.

The tests will tell us nothing about real student achievement.

The tests will tell us nothing about which teachers are successful.

The tests will tell us nothing about which students were inspired to read a novel for the first time.

The tests will tell us nothing about which students were inspired to structure their persuasive writing more effectively after learning to master the logic necessary to write formal geometry proofs.

The tests will tell us nothing about which high school juniors sat up watching the presidential debates, out of the sense of responsibility that comes from knowing that they’d be voting for the first time.

The tests will tell us nothing about which students were inspired by a science project, or want to be astronauts because of Andy Weir’s book, The Martian.

So what is the point of getting worked up?

We all know what these tests measure.

They measure exactly what the politicians want them to measure.

They’ll be spun exactly how the media and the politicians feel like spinning them. And that spin will likely bear little to no relation to what is actually happening in our children’s classrooms and minds.

The only ways to know what is actually happening in our classrooms and our children’s minds is to ask our children, visit their classrooms, talk to their teachers, and review their homework.

The only way to hold our teachers and schools accountable is to involve ourselves in what is happening in our schools, and in the democratic process.  We need to ask questions, not review aggregate answers.  We need to visit classrooms, not sift through bureaucrats’ PowerPoint presentations.

And when there are problems we need to speak up, mobilize, and demand more of our schools.  That’s what I did today — in a case of unfortunate coincidence on top of mishap on top of unfortunate coincidence, today my first grader had a sub for a sub for a sub.  I kid you not.  But the schools that succeed are the schools in which the parents can mobilize parent pressure to address those issues, at least with a demand for explicit and coherent communication from the administration, and proposals for reasonable solutions to address the underlying personnel issues that got us to this place. Our kids will be okay, because in one form or another, I’ve heard from half the parents in the class today on how we are going to address this issue (and I’m not even the class parent).

If we want to know how our schools are doing, we can start by looking at how parents are able to react to issues like the one my daughter’s class is currently facing.  In communities where parents have resources and the democractic process is relatively intact, these issues will be addressed and the children will succeed.  

Of course, all of our children deserve communities where parents have the bandwidth and social capital to put pressure on school administrations. Test scores will never make that happen.  Instead, we should spend our energy on improving housing policy, inspiring diversity, and ensuring that all students have parents who are economically secure enough to be able to address what’s going on in their children’s classrooms. Those are the real fights. In a fair system, we wouldn’t have highly segregated public schools. We need to get rid of these tests so we can fight the real battles, like the battles against segregation and increasing inequality.

But just as our children’s educations are derailed each spring by testing, we parents and citizens and teachers and community members are also distracted by the testing, and the pernicious effects high-stakes tests have on our public schools.

Our children, our communities, our schools, and our teachers deserve more than an obsessive focus on these tests, tests, tests.  

Our children, our communities, our schools, and our teachers deserve parents whose attention and commitment to their schools isn’t undermined by concerns that test scores indicate that their schools are failing.

But the only way to stop that obsessive focus on testing is to refuse to test.

The only way to stop test-prep curriculum is to make it unnecessary.

So I will continue to refuse these tests.  

They tell us nothing about children, and nothing about teachers. 

But in the meantime, there is no point in getting worked up about the results, when the results are meaningless.

Opt out.   

And one day parent energy can be directed where it belongs, and not distracted by the testing sideshow created by our asinine national requirement that our children take annual high stakes standardized tests (and that teachers be fired and schools closed based on the outcomes of such tests).

Refuse.

Our kids deserve more than us spending our time on this nonsense.

We have better things to do. We have children to raise. We have a country to steer back onto the right track.

* * *

Lukewarm off the presses (sorry, it’s been a busy day, and really, who cares) check out the  NJ PARCC scores yourself:  

New Jersey’s Unsurprising PARCC Math Results, Grades 3-11

 

New Jersey’s Unsurprising PARCC English-Language Arts Results, Grades 3-11

 

Refuse Early So Teachers Can Teach

I know this is shocking elsewhere in the country, but here in New Jersey, we just finished our second week of school.  As the school year begins, I’m reflecting on what this year’s goals for my pro-public education advocacy should be.  I know this much: my first goal is to engage, encourage, and support parents to not just refuse standardized tests like PARCC, but to refuse early and supportively (rather than confrontationally).  In particular, I think we can best support our teachers, our children, and our schools by refusing early enough in the year to empower our children’s teachers to build curriculum and lesson plans around children’s needs rather than around the dictates of the testing industry.  

To that end, I encourage you to submit your refusal letters early, as this strategy will only work if there are mass refusals.  I sent mine yesterday, as one concrete action I could take to support the #ParentStrike movement across the country.  Here is my letter, which you should feel free to copy and modify to fit your needs:

Dear Teachers:

I am Sarah Blaine, the mother of _________ in Mrs. ________’s homeroom.  I write to let you know that in accordance with Montclair Board of Education policy regarding test refusals, _________ will not be taking the PARCC test in 2016.  I write now, at the beginning of the academic year, with the hope that enough of my fellow parents will do the same so that you, my child’s teachers, will hopefully not feel constrained to teach to the PARCC or any other standardized test.  Instead, my hope is that a high number of early refusals will allow you to feel free to use your professional judgment to provide our children with the most developmentally appropriate and engaging lessons you have the power to create, instead of wasting time preparing for educationally irrelevant state-mandated tests.  

__________ is thrilled so far with both of you, and I look forward to a constructive, engaging, and challenging school year for her.  Please know that I am always open to conversation and suggestions as to how to best support __________’s learning both inside and outside of the classroom. Our family has not made this decision to refuse testing lightly, but rather as an attempt to express our support for a public education system in which teachers will once again be treated as the knowledgeable professionals we know that they are (I am a former public school teacher myself, and earned my M.A.T. before I began teaching in a rural community).

I am, of course, happy to speak with you further about this issue, but I trust that my wishes for ____________ will be respected, and that she will of course be, in accordance with district policy, provided with non-punitive alternatives.

Best regards,

 Sarah Blaine

Let our teachers focus on REAL education

Amazing graphic by Beth O’Donnell-Fisher


Chris Christie Has A Bridge To Sell Us

As you may have heard (my phone’s notifications certainly blew up yesterday when this announcement came out), Governor Chris Christie of New Jersey, in a bid to rescue his floudering-before-it-begins presidential run, announced that after five years of shoving the Common Core State Standards down our throats, he is joining the bandwagon of parents across the country, and now proudly shouting:”No More Common Core!” See, e.g., ABC’s coverage of his announcement.

It is a heck of a sound bite, and will bring him some momentum in the 24-hour news cycle.  However, it is a sham.  His announcement changes nothing. Because along with his announcement, as we here in New Jersey have come to expect, he included some fine print:

Meanwhile, Christie said that the state will continue using a new standardized test [i.e., the Partnership for Assessment of   Readiness for College and Career (PARCC) test] that was developed to measure how students were doing with the Common Core.

So Christie is “rejecting” Common Core but still requiring kids to take PARCC, a test developed to measure their achievement of the Common Core. Additionally, teacher and school evaluations throughout the state will still be based (10% this year, and as of now, 20% next year, and 30% in years to follow) on kids’ scores on those Common Core-aligned tests. Placement decisions for children will still be predicated on their “achievement” of the Common Core standards, evaluations for teachers will still be predicated on their students’ “achievement” of the Common Core standards, and schools will still be labeled as “failing” based on their students’ alleged “failure” to achieve those Common Core standards — all as measured by PARCC.

Christie’s announcement changes nothing, and shame on the media for lapping it up so naively. Christie’s so-called rejection of Common Core is simply a sound bite for him to take on the road to Iowa and New Hampshire while our NJ public school kids continue to deal with a language arts curriculum that doesn’t teach them to consider texts and ideas within their broader historical context.  

The irony is that Christie’s faux-announcement proves what so many of us have been saying all along: curriculum and education these days aren’t standards-driven, they’re test driven. The one thing this announcement does provide is a lesson in the convoluted logic of politics. So in that sad, cynical sense, at least Christie is providing our kids with a lesson in practical civics, which many of their schools no longer teach.

However, as long as the Common Core-aligned PARCC test continues to be the barometer to allegedly measure our schools, teachers, and children’s efficacy, Christie’s announcement is worth even less than the paper his speech was written on. If you believe otherwise, then man, I’ve got a bridge to sell you…

Testing and the Re-Segregation of Public Ed

Today, I was part of a full house at the New Jersey Senate Education Committee as it considered bills and a resolution relating to the PARCC (Partnership for Assessment of Readiness for College and Career) tests.  Along with many other grassroots parent activists, I am frustrated by the Senate Committee Chair’s unwillingness to set down all of the much stronger PARCC bills passed by the New Jersey State Assembly for a vote in her committee.  Rather, only one of the four bills, prohibiting PARCC-style testing for grades K-2, was set down for a vote by her Committee.  Senator Ruiz also offered a substantially watered down replacement bill for the Assembly bill to notify parents of standardized testing.  Senator Ruiz’s version of the bill, for example, fails to require that parents be notified of information as basic as what use local districts will make of standardized tests administered to their children (e.g., will the tests factor into student placement into gifted and talent programs or remedial education, etc.).  

So instead, I focused my efforts on the two bills introduced by my terrific local state senator, Senator Nia Gill.  Senator Gill introduced two bills: one to require local districts to publish their PARCC opt-out numbers within 10 days of completing test administration, and the other to explicitly prohibit New Jersey Education Commissioner David Hespe from withholding state aid from districts with high PARCC refusal rates.  

The text of my full testimony is below.  In it, I address the elephant in the room: the use of standardized test scores as a proxy to encourage resegregation of school districts by class and, to the extent that class and race are unfortunately still correlated in this country, race.

My testimony:

My name is Sarah Blaine.  I am here today to in particular support Senator Nia Gill’s bills, S2884 and S2881.  No one is paying me to be here today: in fact, I took a day off work to attend this hearing.  I have two children, a kindergartener and a fourth grader, in the Montclair Public Schools. Both of them only get one shot at their educations.

When I saw changes in my older daughter’s curriculum as a result of Common Core, I sat down to read the standards.  I’m an attorney now, but before law school I taught high school English.  Given that I would have loved some standards (or, heck, books) as a new teacher in a rural community with few resources, I started out on the assumption that national standards were probably a good idea.

But then I watched what was happening in my daughter’s classroom change.  As PARCC loomed, homework became more test-prep focused, with multiple choice questions and written paragraphs that had to follow strict formulas.  I learned that my older daughter’s school had reduced the number of elective periods.  Social studies education virtually disappeared.  Science became reading the textbook and filling in blanks, instead of labs and hands on experimentation.  My 4th grader has not had a single field trip this year — and as far as I know, none are scheduled.  I realized that I was seeing a predictable result of high-stakes testing in action: my daughter’s school was narrowing the curriculum to increase the time available for test prep. 

In Montclair, as across the country, test scores are closely correlated with the socio-economics of the populations tested. Although Montclair is consistently characterized in the press as “affluent,” according to NJDOE statistics, over 20% of our total school population is economically disadvantaged. Montclair has two NCLB focus schools not because those schools are lousy — they’re not — but because we are one of the few NJ towns with an economically and racially diverse enough school population to demonstrate an achievement gap.  This has driven an increased emphasis on test prep, which benefits no one.

Last December my spunky 4th grader testified directly to our Board about why “PARCC stinks” based on how test-prep was taking over her classroom.  I can tell you this much: after that speech, which went viral and led to her live appearance on national television, I have no doubt, without any need for PARCC results, that when the time comes my child will be college and career ready. Of course, I already knew that: her parents’ advanced degrees, race, and socio-economic status make that a virtual certainty. If you policymakers want more children to succeed, you need to spend your time implementing equitable economic and housing policies to ensure that all citizens have the chance to join a robust and secure middle class.  

The Montclair Public Schools administration worked hard to implement — and, indeed, cheerlead for — PARCC.  However, locally I wasn’t alone in my concerns about the effect that PARCC was having on our schools: more than 42% of Montclair children refused PARCC.  However, we Montclair taxpayers were not even able to obtain that statistic from the school district without a fight.  That is why I support Senator Gill’s bill to ensure that taxpayers are afforded access to the testing numbers.

Recently, Education Commissioner Hespe — and Governor Christie — began explicitly threatening to withhold state funding from school districts with high PARCC refusal rates.  That threat is unacceptable, as the school district has no way to compel me or any other parent to allow our children to sit for these tests.  To be clear, I don’t say no because my child is anxious or scared. 

Rather, I say no to PARCC because I see, as a parent, the destructive effect that annual testing and high-stakes uses of annual results are having on the quality of education offered in our state’s traditionally high-quality public schools.  I see that aggregate test scores are used — be it by real estate agents or home buyers — as proxies for socio-economic status, with the effect of further re-segregating our communities.  I see it, and I get it, because I, too, looked at those test scores and school rankings when we were choosing the New Jersey community in which we wanted to raise our children.  But then I realized that I didn’t want my children growing up in the same narrow bubble that characterized my childhood in Short Hills — and instead of moving to the town with the highest test scores, we moved to Montclair.

If more New Jersey towns were integrated like Montclair, all of our children would learn a little more compassion, a little more wisdom, a little more humility, a little more sense of what’s possible, a little less fear of those not like them, and a little more awareness of how the accidents of birth can and do affect children’s futures.  But politically, that will never fly, so you continue to test children and communities into submission, instead of choosing the tough — and admittedly expensive — policies that might actually work.  Then, when parents like me say no, Commissioner Hespe tries to threaten us into submission.  And so I support Senator Gill’s bill to prevent Commissioner Hespe from withholding funds from districts like Montclair, where the parents have had the courage to say no to the destructive effects of high-stakes annual tests.

I ask you to support these bills because democracy cannot function effectively if it is predicated on failure to inform the citizenry of what is happening in our public schools.  I ask you to support these bills because democracy cannot function effectively if it is predicated on empty threats from state-level bureaucrats meant to intimidate parents and communities.  Our children deserve better.  Thank you.

GUEST VOICES: Opting Out in the Jersey Suburbs, Or, White Like Me by Belinda Edmondson

The latest attacks by the education reformers and standardized testing advocates against the test-refusal movement have focused on the issue of race.  For example, on March 25, 2015, Robert Pondiscio of The Thomas B. Fordham Institute wrote a piece titled “Opting out, race and reform.”  Dependably divisive Laura Waters then jumped on the bandwagon. As a white, suburban mom who is part of the test-refusal movement, I know from personal experience that this latest reformer narrative is deeply flawed, but I recognize that a privileged white woman arguing with other privileged white people about the experiences of people of color is an effective silencing of people of colors’ own voices.  So instead I reached out to friends of color who refused to allow their children to take the PARCC.  Below is a guest voice piece by my friend and neighbor, Belinda Edmondson, who has two children in the Montclair Public Schools.  Her words speak for themselves. Thank you for reading. — Sarah

Opting Out in the Jersey Suburbs: Or, White Like Me

by Belinda Edmondson

I live in Montclair, an affluent town in New Jersey, and I opted my children out of the PARCC.

According to the education reformers, that makes me one of those rich white soccer moms throwing a hissy fit because  “their children aren’t as brilliant as they thought they were, their schools aren’t quite as good as they thought they were.” New Jersey is a flashpoint for the opt-out debate because, they argue, as a state with poor cities full of minorities and wealthy suburbs full of whites, “it puts the state’s affluent white progressives potentially at odds with low-income and heavily Democratic families of color, since there is little evidence that such families are opting out in significant numbers.”

In other words, if the numbers are to be believed, I’m a wealthy white liberal hypocrite. I spout platitudes about racial inequality while opposing reforms that would help children of color. Apparently I and my fellow black-and-brown opt-outers are in denial about how badly these awful Montclair schools are failing our kids. Who knew?

Certainly not me.  I thought Montclair was full of black people. Active, vocal, black people. Brown people too. I thought I was black. So did my children, who had no idea they are white—or rich (yay!). But these are the facts about New Jersey, according to the reformers: only wealthy white liberals are opting out of PARCC.

The reformers should have notified the large multiracial group of opting-out students who crowded into Montclair school auditoriums during PARCC testing that opting-out is a whites-only privilege. They should have informed the protesting black and brown students who took over the Newark schools superintendent’s office that they are the wrong color. They should take aside those outspoken black parents at the Newark Board of Education meetings and minority anti-reform groups like the New York City Coalition for Educational Justice, and let them know: these are not the actions of black people. Stay in your lane, already.

Yes, it’s true that majority-black-and-brown districts in NJ are less likely than well-off districts to have students who oppose PARCC and other reforms. Camden, a high-poverty, majority-black city, is an example. There the state has hijacked the school system and children of color are being forced into charter schools. Groups like Save Camden Schools are fighting back, but it looks like a losing battle. Silly me, I thought that was due to class, and social capital: you know, the fact that educated, well-connected families of any color are more likely to be able to challenge the reform mandates and not be punished for it precisely because of their intimate knowledge of how the system works. The more educated professionals in a town, the better able its residents are to challenge the corporate raiding of their schools. Negative repercussions are far less likely: if their kids don’t take the PARCC, so what? Professionals who know the system know their kids will still graduate from high school, still get into college. Not so with poor families in poor districts. Reforms are presented to them as the gateway to a good education and the social mobility that comes with it. Even if those families don’t buy the reform mantra, what choice do they have? Poor families don’t control their own schools.

The reformers understand this, and care. The compassion they exhibit for poor minority families is touching. From Newark to Trenton, poor children of color are the focus of philanthropic millionaires and billionaires rushing into NJ to help them faster than you can say “Pass Go and collect $200!”  Reformers constantly raise the specter of the achievement gap as justification for pushing more standardized testing. They argue that black and brown kids are the chief beneficiaries of all these reforms. Precisely how our kids benefit is unclear when their school curriculum is narrowed to focus on test prep, their test scores are used to tell them they’re ignorant, and their teachers are under threat of being fired. But the reformers have done their homework and know what’s best. Of course none of this has anything to do with the fact that there’s lots of money to be made in reforming the schools. Or that the pesky teacher’s union is getting in the way of profits.

And, unlike the opt-outers, the reformers are a multiracial bunch. If you have any doubts about that, there are all those ubiquitous reform images featuring black kids or concerned brown parents to remind you. The education reform movement surely represents the face of multicultural America.

Yet, somehow, even with all the black-and-brown faces fronting the movement, I sometimes wonder if it’s just corporate America seeing dollar signs in the education crisis facing poor black-and-brown children. I’m happy to report, however, that any doubts I’ve had on who’s pushing Montclair’s reform agenda were put to rest when I heard about the two corporate lawyers—both African-American—hired by a group of local parents to advocate on behalf of Montclair’s children. These concerned parents (who remain anonymous out of fear of “retribution”) are paying these lawyers to get rid of an African-American town council member on the Montclair Board of School Estimate with links to the teacher’s union. The lawyers are also filing a public records request to check the emails of Montclair’s African-American mayor for evidence of complicity with the anti-reform activists. So I shouldn’t have doubted. It’s a simple equation after all. On the reform side, concerned and fearful parents looking out for the best interests of disadvantaged minority children. On the anti-reform side, limousine liberal hypocrites and sinister union operatives.

But still. I can’t help but wonder. The possibility that wealthy white people hired expensive lawyers to sue local black leaders would be pretty bad press for the reform movement. It might look like rich white folks are having a hissy fit because they haven’t gotten their way with our schools. It might look like—dare I say it?—hypocrisy. It would certainly be bad optics. Of course that isn’t the case here in progressive Montclair. Sometimes the devil gets in me and I’m tempted to suggest that perhaps, just perhaps, there may be a grain of truth in that offensive idea.

But that would be a black lie, now wouldn’t it?

 

Guest Voices: Dr. Colleen Daly Martinez

The letter below is by Dr. Colleen Daly Martinez. Dr. Martinez holds a Ph.D in Social Work from Rutgers University. I first encountered her as a fellow local education advocate working to support our public schools; in the months since, we have become friends. She wrote this letter to Senator Teresa Ruiz, Chair of the New Jersey Senate’s Education Committee, and copied it to the members of the Senate Education Committee along with other local, state, and federal lawmakers, as noted below.

One Clarification: It is true that a third-grade theater class’s production was originally canceled due to PARCC.  See this excerpt from an email to parents of the affected children regarding this decision:

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However, due to the efforts of parents to alert the administration that the decision to cancel was unacceptable, our responsive PTA and administration were able to work together to ensure that the third-grade theater class’s short play was rescheduled.  See below:

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Thank you to Georgette Gilmore for pointing out via Twitter that this needed to be clarified.  The original letter as sent by Dr. Martinez to Senator Ruiz, et al. remains below.

 

March 15, 2015

Dear Senator Ruiz, and Senate Education Committee Members,

I have written to you before to express my concern about education reform and its impact on our NJ public schools, but I feel compelled to reach out again after listening to Education Commissioner Hespe’s testimony to you on Thursday, March 12.

I will start by telling you about who I am, so that you understand my perspective and experience. I’ll then share with you my observations of the impact of education reform, and then close with some recommendations and requests. I am happy to meet with you at any time and venue to further this discussion, and I appreciate your time, service, and representation.

I am a NJ Licensed Clinical Social Worker and I hold a PhD in Social Work which I earned at Rutgers University. I have more than 20 years of clinical social work experience with children and their families. I have worked with upper and middle class families, as well as with very poor urban and rural families in four counties across Northern New Jersey. I teach Master’s Degree students at a Research I University, and I maintain a private practice where I provide consultation and supervision to mental health professionals. I also provide related services to special education students in a poor urban school district.

Working in classrooms on a regular basis, I see very clear signs that education reform is already harming our most vulnerable students. First, the Common Core State Standards set goals and timeframes for when children should achieve certain academic goals, and place responsibility on the classroom teacher for student achievement of these goals. Consider a first grade standard: “CCSS.ELA-Literacy.RL.1.5 Explain major differences between books that tell stories and books that give information, drawing on a wide reading of a range of text types.” In some first grade classrooms we have children with developmental and medical challenges and communication and learning disabilities. Some special education students in first grade are nonverbal, literally unable to speak their own names. Some are visually impaired and learning to use assistive devices to safely navigate their expanding world. Others have serious emotional and behavioral challenges which require the intervention and support of mental health professionals and behaviorists. However, the Common Core standards and new teacher evaluation requirements demand that teachers, regardless of who their students are and what challenges they bring with them, prioritize the standards. Whether a first grade teacher has a group of 25 well fed, well rested students with no significant learning challenges, or a teacher has a group of 30 students, all poor, some hungry, and some with serious behavioral or learning challenges, they must both be working on this goal for their students: “Explain major differences between books that tell stories and books that give information, drawing on a wide reading of a range of text type.” Not only must both teachers be working toward this goal with their students, but their job performance evaluations will be based upon how well their students demonstrate mastery of this goal on the PARCC test. I hope that you can see why this system of ‘accountability’ is unjust.
To make the assumption that children throughout the country, or even throughout New Jersey or Essex County, have the same educational opportunities, despite who they are and where they live, is absolutely false. What I have witnessed for the past four years is that what is now being referred to as “educational reform” is systematically causing harm to those who are most in need and most vulnerable. Many reformers say that a major problem with our educational system is that we don’t expect enough of poor children, or children with disabilities, and therefore these students underperform. Reformers’ rationale is that if we raise standards, and expect more from underperforming students, they will rise to the challenge. This assertion is missing a vital piece, however. The piece that is missing is WHY these students are underperforming. Researchers consistently find that having learning disabilities and living in poverty places more challenges on these children in their pursuit of academic achievement. What would be beneficial to helping these students achieve would be to provide resources where they are needed such as into specialized training for educators and special educators regarding working with students with disabilities; into school buildings to decrease class size; and into medical and social services to address some of the challenges that our students in poverty face. Raising academic standards when students already have challenges performing is similar to telling a wheelchair user that we are going to take away ramps and elevators, because they will be better off without them. This idea makes no sense. Reformers would have us think that children with very real challenges can somehow do better academically if we only believe that it is possible. This idea also makes no sense, in the absence of resources to help them achieve.

Parents are now seeing that their children’s needs for remediation, review, reteaching, and focusing on foundational skills are being ignored because of the pressure to keep up with the standards. Teachers, whether in middle class districts with a classroom of regular education students, or in special education classrooms in poor districts, are accountable for variables that are out of their control. With the addition of PARCC testing as another measure of accountability for teachers and schools, developmentally delayed children are spending more time on computers than they are on social skills or on fine and gross motor skills. They thereby miss out on important developmental support which would eventually lead to healthier, well-balanced individuals. Reformers would say that the enhanced pressure on teachers is good for academic achievement. People who understand what is happening on the individual, classroom, building, and district level see that genuine, meaningful learning is being replaced by PARCC preparation. But this is true only in the poorest buildings and districts. More diverse, middle class, and upper middle class schools are largely spared because statistically and historically their students tend to do better on standardized tests. Subsequently, the ‘haves’ receive education to improve their lives, while the ‘have nots’ receive training to improve their PARCC scores. Over the long term, if these systems of holding teachers accountable for social inequity and student’s learning disabilities remain in place, I think we should expect a trend of highly-qualified and experienced teachers moving away from working in poor districts and away from special education. This, of course, will only cause more harm to students who are most in need.

Commissioner Hespe would have us believe that PARCC results will be a learning tool. Instruction and remediation will be targeted to address specific areas where students are underperforming so that we can ensure that they are on the course toward being college and career ready. The problem with that justification for PARCC is that educators and administrators can already identify which students are in need of remediation. Class grades and GPA are indicators that are already readily available. Teachers, administrators and parents are excellent reporters of where students are falling behind and even failing. They can also be excellent reporters of where remediation is needed. However, remediation often cannot be provided because there aren’t sufficient resources to do so. Rather than spend huge amounts of money verifying what we already know, why not spend our resources meeting the needs of students and schools? The answer to that question is rather grim. Why do we put all of these tax dollars into an experimental assessment tool? Because there is tremendous opportunity to direct taxpayer dollars into the wallets of education reform companies. As Commissioner Hespe pointed out, it is impossible to compute the actual amount of dollars spent by each district on PARCC preparation, but we do know that NJ’s contract with Pearson alone is worth more than one hundred million dollars. Many informed educators postulate that when PARCC results do come back, Pearson will be ready to sell our districts remedial products.

I want to further illustrate how some students are suffering more than others under these reform efforts. The students I work with in their school setting, some of whom have just turned three years old, are often English language learners. Most are eligible for free lunch. Their parents often are not able to read school notices that are sent home in English, and their parents often work more than one job to support their families. They usually do not have their own cars. Because of their parents’ work schedules, these students are often at school for before school care and after school care. Their school facilities often lack developmentally appropriate, safe recreation equipment. Therefore, some three year old children spend more than 9 hours a day at school, with little to no opportunity to run, tumble and climb. Optimistically assuming that these youngsters get the recommended 12 hours of sleep at night, their schedule might allow for three waking hours with their parents each day. I have no doubt that many of these families find it hard to provide enriching activities for their children’s growth and development during these three hours, and during whatever time they are not working on weekends.

The school experiences of middle class children are often strikingly different. I’ll use my daughter as an example. Because her father and I have the benefit of relatively good jobs, our schedules allow for a parent to be home with her when she is not at school. Each morning I bring her to school at 9, and I pick her up again at 3:30. She has hours of time to do homework, play, and enjoy our company every evening. She has always lived in the same home, and has never had to go hungry, or worry about her own safety. She is lucky, in that her basic needs are met; that we have the time and resources to provide her with additional support at home to help her achieve the academic goals set forth in the Common Core standards; and that we can provide her with enriching activities to help her to be a happy, well-rounded person.

Even with all of the benefits of her relatively comfortable life, her school experience has been stressful. Starting in kindergarten fours year ago, my daughter’s public school career has always been shaped by the Common Core standards. Despite being a typically developing child with no health or behavioral issues, she was flagged in kindergarten because she was not progressing adequately toward reading. For three years — until this school year — she was considered ‘below grade level’ in her reading ability. Thankfully, my husband and I are well-informed about child development and education, as well as about educational systems in other countries. We did not focus on her perceived ‘delay’ because we were aware that in many high-performing countries children are not even expected to begin developing reading skills until they are seven. We were also familiar with the research that points to the potential harm caused by pushing children to develop reading skills before they are developmentally ready. This harm includes feelings of inadequacy and an aversion to reading. I consider our daughter lucky that we have been able to spare her from the potential harm of the Common Core standards.

The issue of resources is a primary reason why I am an advocate for our public schools and against PARCC. During this school year I have seen many schools, classrooms, and children suffer because of flawed use of resources. In a school in an urban district, a bathroom has caution tape up, surrounding a broken sink and loose floor tiles. The principal does not have the funds to have the bathroom fixed, and is dismayed because she was forced to spend $25,000 of her budget on Chrome Books in preparation for PARCC. In another school the teachers bring in their own bottles of hand soap for their students’ use, and there are no balls, jump ropes, chalk or other play materials in the parking lot (where children play because the gymnasium is also the cafeteria). Yet carts of laptops sit under lock and key in preparation for PARCC testing. In my daughter’s school, theater productions are canceled, the library is closed for weeks on end, and substitute teachers are covering classes while teachers are proctoring the PARCC test. Unfunded state mandates have forced our schools to stop spending on what is needed, so they can meet the demands of the state. Our Montclair 2015-2016 budget proposal currently calls for increasing taxes, cutting more than 50 classroom level staff, and adding more spending for technology. This makes no sense!

Commissioner Hespe testified to you that it would not be possible to compute the amount of money that districts have spent in preparing for PARCC. To me, that is quite concerning, but I believe that the worst waste of resources is the time that our students and teachers are spending in school this year NOT learning. My daughter’s class spent nine sessions this school year in the computer lab, learning how to use Pearson’s PARCC tools. They have taken numerous practice tests, not for the students’ benefit, but to check that the school’s internet and computer capacity could handle the actual PARCC administration. They have had countless days of being in class with substitute teachers who do not instruct, but simply supervise the students while their regular teachers have training to administer PARCC. The teachers have not been able to attend enriching and inspiring continuing education workshops because their professional development hours have been spent on PARCC preparation.

Many educators would say, if asked, that the time and money that has been spent thus far on preparation for the PARCC test could absolutely have been put to better use addressing student needs that they were already aware of. Unfortunately, Commissioner Hespe and others that believe in this education reform movement would have you believe that educators have a problem with PARCC testing because they actually have a problem with accountability. Many test advocates say that teachers don’t like the test because it will show that their teaching is ineffective, and that PARCC puts pressure on teachers to perform given that PARCC scores will be tied to teachers’ performance evaluations. Advocates for public education, including educators and others who are familiar with educational research and practice say that it is unfair to hold teachers accountable for the reasons that students perform poorly since many of these include learning disabilities, poverty, and other issues that are beyond individual teachers’ control. If we truly want to improve academic outcomes, we need to put resources and accountability in the right places, and not into tools that will just continue to measure and accentuate the achievement gap.

My biggest concern is about the long term impact on public education for poor children and children with special needs. Education reform executives, politicians, and education policy makers often send their children to private schools, where Common Core standards and high stakes testing are not used. Children who attend such private schools will continue to have the enriching educational experiences that they can afford. Our less privileged and more vulnerable students however, will suffer. Since PARCC’s focus is only on English language arts and math, and resources are scarce, many schools are cutting recreation, sports, science, music, drama, second language, and fine arts offerings. Students who struggle academically often find that these activities are the ones that make school fun, inspiring, and something to look forward to. We should also remember that not everyone is meant to be a business executive or a mathematician. As a society, we need people who are creative, inspired, out-of-the-box thinkers. By degrading the quality of our public schools and not offering equal opportunity for disadvantaged people, we will only enhance the achievement gap.

Commissioner Hespe seemed determined to convince you in his testimony last week that the groundswell of opposition to PARCC is due to parents being uninformed. Please know that we parents are also professionals. We are business owners, corporate managers, teachers, artists, librarians, social workers, medical professionals, researchers, statisticians, and lawyers — as well as parents. We work our full-time jobs, care for our families, and have taken on our part-time roles as well informed social activists because we feel that our voices continue to be ignored and dismissed by those we have elected. Please allow our voices to be just as powerful as those alleging that they speak for us.

As members of the Senate Education Committee, I know that you have our students’ and taxpayers’ best interests in mind. In addition to reading my letter, which I am so grateful that you have done, I am asking for your support. Please make a conscious effort to protect our public schools. Please make efforts to halt and roll back unfunded state mandates, including standards and expectations that set special needs students up to fail as well as the mandates that link test scores to teacher evaluations. Please make efforts to stop holding teachers accountable for variables that are not under their control. Please ensure that we, as parents, maintain our right to refuse participation in standardized testing for our children. Please work toward returning local control of schools to those taxpayers who are most invested in their success. Please do not allow the interests of corporate education reformers to be more important than the needs of our children. Please listen to parents, educators and administrators. Please put our public school students’ needs first.

Again, I am thankful for the time that you have given to hear my concerns. Please do not hesitate to contact me at any time to continue this conversation.

Respectfully,

Dr. Colleen Daly Martinez

Copy:
Administrators, Hillside Elementary School
Members, Montclair Board of Education
Montclair Mayor Robert Jackson
Senator Steve Sweeney
Senator Cory Booker
Senator Robert Menendez
Assemblyman Patrick Diegnan
Congressman Donald Payne
Members, Study Commission on the Use of Student Assessments in New Jersey
Governor Chris Christie